2010-05-17 PLANNING AND ZONING COMMISSION REGULAR MEETING MINUTESMINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING
COMMISSION OF THE CITY OF PEARLAND, TEXAS, HELD MAY 17, 2010 AT 6:30
P.M., IN THE 2ND FLOOR CONFERENCE ROOM, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND,TEXAS
CALL TO ORDER
P&Z Vice -Chairperson Ron Capehart called the meeting to order at 8:36 p.m. with the
following present:
P&Z Vice -Chairperson Ron Capehart
P&Z Commissioner Neil West
P&Z Commissioner Richard Golden
P&Z Commissioner Henry Fuertes
P&Z Commissioner Darrell Diggs
Also in attendance were: Planning Director Lata Krishnarao, Senior Planner Angela
Gantuah, Planner I Ian Clowes, Plans and Plat Administrator Richard Keller, Deputy
City Attorney Nghiem Doan, Assistant City Engineer Trent Perez, and Office
Coordinator Judy Krajca.
P&Z Chairperson Jerry Koza, Jr. , and P&Z Commissioners Darrell Diggs and Susan
Sherrouse were not in attendance.
APPROVAL OF MINUTES
P&Z Commissioner Darrell Diggs made the motion to approve the minutes of the
Regular Meeting of May 3, 2010, and P&Z Commissioner Richard Golden seconded.
The vote was 5-0. The minutes of May 3, 2010 were approved.
NEW BUSINESS
CONSIDERATION AND POSSIBLE ACTION — Conditional ' Use Permit No.
CUP2010-02
A request of Joseph E. Koza, applicant and owner, for approval of a conditional use
permit to allow a snow -cone stand in an existing building within the Light Industrial (M-1)
Zoning District, on the following described property, to wit:
Legal Description: Lots 2, 3, and 10, in Block 1, of Air Port Sites Subdivision, according
to the Plat thereof recorded in Volume 5, Page 57, of the Plat Records of Brazoria
County, Texas.
General Location: 2910 S. Main St., Pearland, TX
Minutes of P&Z Regular Meeting
05/17/2010
Page 1 of 5
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
Commissioner Fuertes reiterated his initial concern of allowing retail in M-1 and M-2
zoned areas was location driven and being adjacent to Highway 35 (Main St.), but is
okay with this scenario.
The vote was 5-0. Conditional Use Permit No. CUP2010-02 was approved.
CONSIDERATION AND POSSIBLE ACTION — Conditional Use Permit No. CUP
2010-01
A request of Blake Griggs with Clear Wireless LLC., applicant, for Steve Townsend,
owner, for a conditional use permit to allow the co -location of cellular antennas on an
existing tower located within the General Commercial (GC) Zoning District, on the
following described property, to wit.-
Legal
it:
Legal Description: Approximately 1.24 acre (53,811 square feet) parcel situated in the
Perry & Austin League, Abstract 111, Brazoria County, Texas, and being all of a called
1.2438 acre tract conveyed to Steve Townsend by Deed recorded under Volume 1441,
Page 979 of the Brazoria county Official Public Records.
General Location: 1411 Broadway, Pearland, TX 77581
P&Z Commissioner Henry Fuertes made the motion to approve, and P&Z
Commissioner Darrell Diggs seconded.
There was much discussion with regards to the letter from the Engineer dated February
23, 2010, and how his findings differed from the letter dated June 25, 2009. Staff and
Council were not pleased that items were coming to them without staff's prior attention
or approval and presented on the date of the hearing.
Assistant City Engineer Trent Perez was available to answer questions and spoke that
normally when a permit/plans are submitted, that a structural analysis is not reviewed.
Staff's job is to verify that a Texas licensed engineer has approved for windstorm.
Discussion ensued with regards to the number of towers currently on the tower, and the
threshold of the towers. The topic of screening and landscaping was brought up and
there was much discussion about what should be requested.
Commissioner Diggs made a recommendation to postpone Conditional Use Permit No.
CUP 2010-01, and Commissioner Neil West seconded. The following conditions were
added:
1. To allow time for staff to review the Engineering Structural Analysis Report
2. To obtain the current percent of load on the tower
Minutes of P&Z Regular Meeting
05/17/2010
Page 2 of 5
3. To obtain the existing quantity and proposed antenna
4. Photo's from Broadway in order to consider screening
5. Letter explaining difference between two analysis' from the Engineer
The vote was 3-2. Conditional Use Permit No. 2010-01 was approved to postpone.
Commissioners Golden and Fuertes voted in opposition.
CONSIDERATION AND POSSIBLE ACTION — Conditional Use Permit No.
CUP2010-03
A request of Blake Griggs with Clear Wireless LLC., applicant for Thomas and Kathy
Coler, owners, for approval of a conditional use permit to allow the co -location of an
antenna at an existing tower located in the Suburban Residential -12 (SR -12)
Zoning District, on the following described property, to wit:
Legal Description: Approximately 9.75 Acre (424, 922 square feet) parcel situated in
the H.T.& B.R.R. Co. Survey, Abstract 505, Brazoria County, Texas, being a portion of
lot 30 of the Allison Richey Gulf Coast Home Company Subdivision according to the
Map or Plat Thereof Recorded under volume 2, Page 23 and 24 of the Brazoria County
Map Records, and being all of the North '/2 of said Lot 30conveyed to Thomas C. Coler
and wife, Kathy J, Coler by Deed Recorded under Volume 88451, Page 760 of the
Deed of Records of Brazoria County, Texas and the South '/2 of said Lot 30 conveyed
to Thomas C. Coler and wife, Kathy J, Coler by Deed Recorded under Volume 1459,
Page 597 of the Deed of Records of Brazoria county, Texas
General Location: 13232 Max Rd., Pearland, TX
Conditional Use Permit No. CUP2010-03 was withdrawn. No action necessary.
CONSIDERATION AND POSSIBLE ACTION — Zone Change Application No. 2010-
01Z
A request of Ajith Nair and Jeeva Ajith owners, for approval of a zone change from
Residential Estate (RE) Zoning District to Suburban Residential -12 (SR -12), on the
following described property, to wit:
Legal Description: Approximately 0.9997 Acre (Tract of Land out of Lot 22 of the
Allison Richey Gulf Coast Home Company Subdivision of Section 20, H.T. & B.R.R. Co.
Survey, Abstract 506, Brazoria County, Texas, According to the Map or Plat Thereof
Recorded in Volume 2, Page 23 of the Plat of Records of Brazoria County, Texas
General Location: Located 2201 Linda Rd., Pearland, TX
P&Z Commissioner Darrell Diggs made the motion to approve, and P&Z Commissioner
Henry Fuertes seconded.
Minutes of P&Z Regular Meeting
05/17/2010
Page 3of5
There was much discussion with regards to the lot size, the surrounding lots, the
surrounding zoning, the HOA and Deed Restrictions being opposed, and the setbacks.
The vote was 0-5. Zone Change No. 2010-0lZ was denied.
P&Z Vice -Chairperson Ron Capehart recessed the P&Z Regular meeting at 9:54 p.m.
P&Z Vice -Chairperson Ron Capehart reconvened the P&Z Regular meeting at 10:03
p.m.
CONSIDERATION & POSSIBLE ACTION — Proposed amendments to the
Comprehensive Plan, including amendments to the Future Land Use Plan and
Thoroughfare Plan.
P&Z Commissioner Henry Fuertes made a motion to approve, and P&Z Commissioner
Richard Golden seconded.
Discussion ensued with regards to section 5.24 of the Land Use Plan, to remove the
word "only".
Commissioner Henry Fuertes amended his motion to recommend approval of proposed
amendments to the Comprehensive Plan, including amendments to the Future Land
Use Plan and Thoroughfare Plan, with condition to remove the word "only" in page 5.24
of the Comprehensive Plan under Residential Retail Nodes as shown below.
Residential Retail Nodes are intended to provide limited retail and personal service
operations for customers from immediate residential neighborhoods only-.
Staff indicated that based on the discussion at the joint public hearing, Section 4.2.4.3
(a) (8) regarding obtaining a permit for the fence would be removed.
Commissioner Richard Golden seconded the amended motion.
The vote was 5-0. The motion passed approving the Proposed amendments to the
Comprehensive Plan, including amendments to the Future Land Use Plan and
Thoroughfare Plan with conditions.
CONSIDERATION & POSSIBLE ACTION — Proposed Amendments to the Unified
Development Code (T-12)
P&Z Commissioner Darrell Diggs made the motion to approve, and P&Z Commissioner
Henry Fuertes seconded.
Discussion ensued with regards to fencing, outdoor lighting, and nodes.
Staff indicated that based on the discussion at the joint public hearing, Section 4.2.4.3
(a) (8) regarding obtaining a permit for the fence would be removed.
Minutes of P&Z Regular Meeting
05/17/2010
Page 4 of 5
P&Z Commissioner Darrell Diggs made the motion to amend to original motion to
recommend approval with the condition that a fencing permit not be required unless the
cost of fence was over $300.00 under section 4.2.4.3 (a) (8). P&Z Commissioner
Henry Fuertes seconded the motion.
The vote was 5-0. The motion passed, approving the Proposed Amendments to the
Unified Development Code (T-12) with an amendment to section 4.2.4.3 (1) (8).
DISCUSSION ITEMS
1) P&Z Strategic Plan — Planning Director stated that the P&Z Commission
would begin working on a Strategic Plan.
2) Next P&Z Regular Meeting on June 7, 2010. This meeting will include a
Presentation by Ian Clowes on Livable Centers, and a Presentation by
Lata Krishnarao on LEED Neighborhood Design and Retrofitting
Commercial Strip Centers. The Commission also asked to see the power
point of the Economic Trends that was presented to City Council.
3) Next JPH meeting will be June 21, 2010
ADJOURNMENT
P&Z Vice -Chairperson Ron Capehart adjourned the meeting at 10:58 p.m.
These minutes are respectfully submitted by:
a� .69L
Judy K jca, P(Anning ffi Coordinator -
Minutes approved as submitted and/or correcgt this��day/of, 2010, A.D.
PU Vice -Choirperson Ron Ca)pehart
Minutes of P&Z Regular Meeting
05/17/2010
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